People are pretty upset about this John Roberts bidness. Probably they're right. I just haven't been able to feel one way or the other about it at all.
Mainly because any really strong emotions I had about Supreme Court nominees I had in 2000, back when I really didn't feel too much about Bush one way or the other.
Back then, I thought Bush was just kind of a goofy yutz. Entirely pointless, but relatively harmless. Based on how he represented himself, at the time, I was actually kind of amused. The guy obviously had no real interest in politics--that is: policy or governing. The guy had close to no experience. He didn't have one single professional success to hang his hat on. And, even during his campaign, he didn't seem like he could even be bothered to try to pretend he was qualified to be president.
You might remember this astonishing moment, reported here by rabid right winger Michael Kelly, during the 2000 campaign:
In his [first foreign-policy address] Bush made seemingly knowledgeable mention of nuclear-arms reduction treaties, including START II. But when Russert asked Bush what number of nuclear weapons he would consider acceptable for the United States and for Russia, Bush could only reply: "That's going to depend upon generals helping me make that decision, Tim."
That's right! Candidate Bush brought up START II in his own foreign policy speech. And Candidate Bush trumpeted his position as a reason the American people should vote for him. But when he was actually asked, now that you bring it up, Govner, what exactly is your position?
Bush said, "That's going to depend on what other people tell me."
And his responses about nearly everything were like that. You know, Bush talked about a humble, isolationist foreign policy. Mostly because, after fifty years on this earth, and a Yale education, and a father who had been an ambassador, the head of the CIA, the Vice President, and the President, he didn't know dick about the world. Nothing.
Bush knew about Texas. And Saudi Arabia. After that, the globe was a big freaking mystery to him. He didn't know and, frankly, he didn't care.
Whenever anybody asked Bush about the world outside of Saudi America, he would laugh, call them "Stretch" or "Baldy" or "Legs", and tell 'em he's gonna have hisself a whole posse of for'n policy experts and four star genrils to tell him what to do.
Bush didn't need to know hisself nuthin'. Hell, if'n he wuz da Preznit, he'd have hisself a whole room full of computers! Just a wirrin' and a giggin' and a spittin' forth answers to questions people ain't even a asked yet!
Bush sounded like the quintessential upper management moron--he didn't need to know the details. Hell, he'd pay people to know the damn details! All he needed to do was yell loud enough and them little people would see to it that them problems fixed themselves!
My friends and I howled at his candidacy. We thought, "Jesus, George, why go through all the bother to be president? Why not just send Al Gore an email--on the internet Al Gore was so instrumental in creating--with the names of all the people you believe to have the answers? Who needs you? Why not cut out the middle man...or in this case, the middle idiot?"
I mean, it was funny.
Then.
Here was this guy who didn't give a good God-damn about anything except tax cuts for people in his income bracket, about getting rid of the estate tax, which only effected people in his tax bracket, and cutting taxes on dividends and capital gains, which mainly benefited people in his tax bracket.
It was hilarious. I had never actually seen a guy run for president solely on a platform of personal concerns.
Again, it was like watching a guy run for mayor only because he wanted to get a pothole in front of his house filled in.
With the amazing peace and prosperity of the 1990s and the fantastic job Bill Clinton did as America's First Ambassador, spreading American goodwill around the globe, it seemed like this rather disinterested, kind of goofy and ineffectual, agendaless George Bush couldn't really do too much damage even if he were elected to the White House.
The economy was booming. The government was running a surplus and paying down our national debt. Taxes were low. American military might was viewed by the rest of the world as invincible. Social Security was about to be shored up for the next hundred years. And, for the first time in my lifetime, people in Europe and Africa,and South America, and Asia actually showed up in enthusiastic throngs just to glimpse the American president.
Hell, in half the countries around the world, there are streets in their capitols named "Bill Clinton Boulevard" or "The Bill Clinton Highway".
How much damage could one isolationist, tax cutting, bored, disinterested, lazy frat boy do?
The only thing--well, maybe not the only thing--but the big thing I was worried about was the aging members of our Republican dominated Supreme Court. And I was livid when I would hear people in the Green Party idiotically echo Ralph Nader's childish and naive and self serving statement that "There is no difference between George W. Bush and Al Gore".
It was obscenely dishonest from Ralph Nader. It was irresponsible and foolish from the people who believed him.
When you vote for the President of the United States, you don't vote for one person. You vote for thousands of people. You vote for every cabinet head, you vote for the head of every government agency, you vote for federal distict court judges, circuit court judges, and, yes, Supreme Court Justices.
And when four million Americans, who were complaining like little children that their votes didn't count because they couldn't have everything they wanted, cast their votes for Ralph Nader, making sure their votes didn't count, I pretty much lost my interest in the debate over the next Supreme Court Justices.
Because, people, Bush is going to appoint at least two. There isn't any way around that. That deal was done the second FOX News announced Bush's presidency. It's horrible. It may be worse. He may appoint three or four--there are a lot of old people on the Court, you know.
Please, God, let it only be two.
But he's going to appoint at least two. Frankly, it's his right. He's in the White House. Democrats can filibuster or hit as hard as they can during confirmation hearings, but what's the difference? If it isn't this guy, it'll be some other goon, someone just like him. How do you feel about Ted Olson? He's on the back burner!
And no matter who it is, it won't be someone you like. Bush isn't Bill Clinton. Clinton chose Justices he knew would not divide the country. Clinton chose Justices that he was sure would be confirmed easily, that were acceptable to the Republicans in Congress, and would be accepted by the sixty percent of the nation which isn't insane.
Bush doesn't care about that. He's got a 42% approval rating. And he's got both Houses of Congress. He'll nominate anyone he can get through and fuck the 58% of Americans who don't like it.
Bush has gone from upper middle management to CEO. You don't like it? You can sell your stock or fucking quit. What you can't do is come to the Board meetings.
Is Roberts horrible? Maybe. Who knows? Should I be upset about it? I was upset about Roberts before I ever even knew he was alive.
Should I be upset about it now?
Hell, no!
It's like being upset about old age--we all knew--or should have known--this was coming when we were a lot younger.
On the bright side:
Number one: Anne Coulter hates this guy. He can't be all bad.
Number two: People, George W. Bush is picking him! Nothing George W. Bush has ever done has turned out right! He is The Disaster Monkey! He's the Inverse Midas--everything he's ever touched turns from gold to crapola.
If Bush likes Roberts, Roberts has a very, very good chance of being a disaster for Republicans.
Number three: You can't tell how these things are going to go.
I don't want to sound like a "reasonable" Democrat--in other words, a moderate Republican. But the history of the Supreme Court has been a history of surprises.
In our lifetimes, the most liberal Justice to ever sit on the Supreme Court was a guy named Will Brennan. And he was brilliant. He may have been the most brilliant Justice to ever sit on the Court. And he was a big ol' liberal.
And do you know who appointed him?
Eisenhower.
And do you know why?
Because Brennan was a good, reliable conservative.
These judges, these Justices, go to law school, they study the law, they study the hisory of the law, and they spend their careers pandering to political parties and politicians to get appointed to Federal courts or to the Justice Department. Sometimes they're awful party hacks. Sometimes they're shameful whores.
But a funny thing happens when the get to the Supreme Court.
They get the black robe, and a big office, and a bunch of Harvard law clerks, and a lifetime appointment to the bench. And some of them, not all, but some of them, get a sense of history. Well, not just a sense of history. What they get is a realization that they are really a part of history. That they're making history.
And no one can stop them--they can't be fired. And impeaching them is nearly impossible.
And they realize that every decision they write, every decision they concur on, every decision they oppose is going to be written down and remembered, and studied, and critiqued by every American law student--people just like them--until the end of America.
And they realize that every decision they're involved with--never mind lawyers and judges and law students--is going to be commented on and recorded by the every day Americans those decisions effect.
And most--not all--but most Justices rise to the occassion and do the right thing. Most Justices, whether out of concern for their own legacy or whether, under the scrutiny of an entire nation and history itself, they surrender to their own better natures--most Justices do the right thing.
That is the reason we have a Supreme Court with seven Republican Justices and two Democratic Justices and the wing nuts still insanely keep calling it a liberal Supreme Court.
It isn't liberal. It isn't even Democratic. It's just been handing down, for the most part, the right decisions for sixty years.
And it drives the right wing nuts insane.
Will Roberts be a good Justice? Who knows? Who can possibly know?
He might be a fucking nightmare. He might be another O'Connor. He might be another Will Brennan.
Is this a fight for Democrats? I don't think so. Again, beat Roberts--and who's next? Ya think he'll be better? It has to be somebody. I've seen the short list. It's all awful.
Things might have been different. You know, George W. Bush ran on a platform of restoring honesty and dignity to the White House. Funny, now, isn't it? But he could never have done that if assholes like Joe Lieberman or Joe Biden hadn't condemned Bill Clinton's very run of the mill, very human failures as shocking and appalling, and worthy of censure.
It has nothing to do with anything, but when whoever gets appointed to the Supreme Court, you should remember, whoever they are, they're as much Joe Lieberman's and Joe Biden's appointees as Bush's.
So, I don't know. I don't have much of an opinion on it. If you do, please comment. I enjoy hearing it.
The only opinion I really have is that, whoever it is, I still think it's better than Thomas, who was a very, very cynical choice. Because Thomas was and is a very stupid man. He's an absolutely empty seat on the Court. He hasn't contributed anything, good or bad, in a dozen years on the bench. His entire career on the Court could be summed up by: "What Scalia said!"
What a waste. What a joke for one favorable vote. But the modern Gee Oh Pee will do that--show utter contempt for our most treasured institutions. For cheap political purposes. How embarrassing for them.
Is Roberts more of the same? Who knows? With these people you can't know. All I can say is that Roberts is a bright man. Unlike Thomas. Roberts is, at least, smart.
Maybe he won't be able to stand being stupid.
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